Interpretation Response #08-0215 ([Flash DOT Compliance Services] [Mr. Jaime Herrera])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Flash DOT Compliance Services
Individual Name: Mr. Jaime Herrera
Location State: TX Country: US
View the Interpretation Document
Response text:
February 13, 2009
Mr. Jaime Herrera
President
Flash DOT Compliance Services
11501 Cedar Oak Avenue
El Paso, TX 79936
Ref. No. 08-0215
Dear Mr. Herrera:
This responds to your August 18, 2008 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to cargo tank motor vehicles (CTMVs) in other than metered delivery service. Specifically, you ask if the emergency discharge control requirement in § 173.315(n)(2) applies to a CTMV that is loaded and unloaded using facility hoses equipped with "Smart Hose" technology. We apologize for the delay in responding and regret any inconvenience you may have encountered.
According to your letter, your company only loads liquid propane gas at "Smart Hose" technology-equipped refineries in the United States and never unloads until the shipment arrives in Mexico at storage depots equipped with the same "Smart Hose" technology. Additionally, the cargo tank is loaded and unloaded by trained plant personnel.
The answer to your question is yes. In accordance with § 178.337-11(a), an MC 331 CTMV must be equipped with emergency discharge control equipment as specified by product and service in § 173.315(n). Paragraph (n)(2) of § 173.315 specifies that a CTMV used to transport Division 2.1 materials, such as propane, in other than metered delivery service must be equipped with a means to automatically shut off the flow of product without the need for human intervention within 20 seconds of an unintentional release caused by a complete separation of a liquid delivery hose (passive shut-down capability). Emergency discharge control equipment meeting these requirements must be installed on the CTMV even if a facility-provided hose is used for all loading and unloading operations.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.315(n)(2)
11501 Cedar Oak Avenue
El Paso, TX 79936
Ref. No. 08-0215
Dear Mr. Herrera:
This responds to your August 18, 2008 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to cargo tank motor vehicles (CTMVs) in other than metered delivery service. Specifically, you ask if the emergency discharge control requirement in § 173.315(n)(2) applies to a CTMV that is loaded and unloaded using facility hoses equipped with "Smart Hose" technology. We apologize for the delay in responding and regret any inconvenience you may have encountered.
According to your letter, your company only loads liquid propane gas at "Smart Hose" technology-equipped refineries in the United States and never unloads until the shipment arrives in Mexico at storage depots equipped with the same "Smart Hose" technology. Additionally, the cargo tank is loaded and unloaded by trained plant personnel.
The answer to your question is yes. In accordance with § 178.337-11(a), an MC 331 CTMV must be equipped with emergency discharge control equipment as specified by product and service in § 173.315(n). Paragraph (n)(2) of § 173.315 specifies that a CTMV used to transport Division 2.1 materials, such as propane, in other than metered delivery service must be equipped with a means to automatically shut off the flow of product without the need for human intervention within 20 seconds of an unintentional release caused by a complete separation of a liquid delivery hose (passive shut-down capability). Emergency discharge control equipment meeting these requirements must be installed on the CTMV even if a facility-provided hose is used for all loading and unloading operations.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.315(n)(2)
Regulation Sections
| Section | Subject |
|---|---|
| 173.315 | Compressed gases in cargo tanks and portable tanks |